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A Place for Mom's Family » Health & Safety Matters! » Driving and the Elderly » Possible liability issues for families with unsafe elderly drivers

Possible liability issues for families with unsafe elderly drivers

Last post 04-24-2008 8:33 PM by Cheryl. 5 replies.
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  • 12-14-2007 1:59 PM

    Possible liability issues for families with unsafe elderly drivers

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     A family I am currently working with has a father suffering from dementia that has had 2 driving tests and failed.  He is going for a third that the family is hoping will show him he really needs to let someone else do the driving to keep him and others safe.

    There is also a possible legal liability issue for families that do not intervene when an elderly loved one is not capable of safe driving anymore.  Anyone injured as a result of an unsafe elderly driver might pursue legal means to recover any medical bills and also additional damages in possibly large amounts.

  • 03-28-2008 4:58 PM In reply to

    Re: Possible liability issues for families with unsafe elderly drivers

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    Two weeks ago, I hit an elderly gentleman who blew the stop sign.  I only hit him because he was so slow to react when he saw me and I slammed on the breaks as fast as I could.  Now - he is paying for everything from medical to rentals, to car repairs. 

    My point here is - when does the insurance company test the people that they insure?????  That would help all of us who have seniors in our care.

     

  • 04-21-2008 9:45 PM In reply to

    Re: Possible liability issues for families with unsafe elderly drivers

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    One of the concerns I have, that I feel is problem is here in Arizona driver license do not expire for 20 years (no testing until then) and for elders they are tested every 5 years or so and this is not a driving test it's a eye examine and a few questions and a few dollars.  This is not good.  I really wish the law would change so elders after a certain age are tested every year.  There are so many accidents reported due to so many pressing the gas when they thought they pressed the breaks or just the opposite.  After reading the 5 signs from AARP - my mother has experienced each 5 signs and I fear the worst when she goes out.  Between preparing myself to have the (you will have to move) conversation and now (you may not be able to continue driving), I've got my work cut out for me. 

     

  • 04-21-2008 10:16 PM In reply to

    • JohnT
    • Top 10 Contributor
    • Joined on 12-11-2007
    • Seattle, WA
    • Posts 64

    Re: Possible liability issues for families with unsafe elderly drivers

    Reply Contact

    I wonder if there is an address (email or regular) or a person at the Arizona DMV who people can send such suggestions/concerns to?  I've been really impressed lately with the impact that many many folks can have by writing to a government agency.  There are lots of children of seniors from Arizona visiting this site...perhaps the start of a grass roots effort for change?

    Best wishes for your upcoming difficult but important conversations.

    Sincerely,

    John E. Temple, Jr.
    Co-founder of A Place for Mom

  • 04-21-2008 10:31 PM In reply to

    • Audra
    • Top 50 Contributor
    • Joined on 04-21-2008
    • Posts 6

    Re: Possible liability issues for families with unsafe elderly drivers

    Reply Contact

    I am not sure how all states work, but I am aware of how thing went in NC. After my father-in-law took his neurological test and was labeled with Alzheimer"s the doctor was responsible to report this to the DMV so there was no question of taking the persons license away.

    You may want to ask your families neurologist.

  • 04-24-2008 8:33 PM In reply to

    Re: Possible liability issues for families with unsafe elderly drivers

    Reply Contact

    I was told once to consider contacting the elderly person's insurance agency if you have valid concerns about the safety of their driving and they will investigate - even if the senior still has a l valid liscence they may decide not to renew and then they  would get off the road - we hope...  Any insurance agents care to respond??Huh?

     

    Cheryl Foster,
    Eldercare Advisor
    866 344 0648
    cherylf@aplaceformom.com
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